The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-29

leges inherent in each one of the citizens
OF the several States of the Union, be-
cause in vast majority, we were British
subjects and had certain privileges and
immunities inherited under the com
mon law and Magma Charta. We claim
that all the rights, privileges
and immunities that belonged to a
British subject under the Magma
Charta belonged to each citizen of the
United States. The words, due pro-
cess of law" means by the law of the
land and not the law of q county, a
province or State, but the law of
country, the whole country. Any
other meaning given to "due process of
law" as used in the fourteenth amend
ment would make it simply ridiculous
and frivolous, because any State may
enact "due process of law" according
to that State, by which a mans life
may be taken and from which not q
single right or immunity of citizenship
can protect them.
General Butler then proceeded to the
consideration of the special and peculiar
questions raised by the cases of Fielden
and Spies, who are foreigners. He con-
tended that these treaties we're the SUI
preme law of the land and that these
prisoners were entitled, by virtue
of the = treaties with Germany
and Great Britain, to all the rights
and privileges of American citizens,
at the time such treaties were made. A
State had no power to try these men by
one of its own laws which was not the
law of the land at the time the treaties
were ratified. He did not mean that
foreigner could come into State and
break its laws with impunitY and that
the State could not touch him, but he
did mean that the State could only try
them in accordance with the law of the
land, the whole land at the time the
treaty with his government was made.
This was an important question to
every American citizen, because
in return for the concession
made by this government in the treaty
with Great Britain, the government of
that country had made similar conces
siOns to US. Suppose citizen of the
United States should go to Ireland,
make remarks about the republican
form of government, be arrested and
tried By the crimes act, in violation of
the treaty, would we not stand up and
say this man must be tried py fair and
impartial jury2 If this should hap
pen, General Butler hoped the English
authorities would not be able to hold
up to him a decision of the United
States Supreme Court sustaining the
right to try an Englishman by the local
law of State, which was nothing but
swamp and bowling wilderness at
the time the treaty was ratified.
After some desu!tory remarks about
the record, reference to breaking open
safes and desks, and charges OF prejudice
against the jury, General Butler said
the defense was compelled to &C cept the
last juror, Stanford; the peremptory
challenges were exhausted, and they
could do nothing else. Under these
coaxed him and tried to get him into a
state of mind as favorable to their side
as they could, referring to the assertion
of counsel on the other side, that petit
TONERS had waived some of their rights
through not insisting upon them, by
exception or objection, at the proper
time: or that, therefore, they were
estopped from asserting these rights
now. Butler contended that when a
man was on trial for his life, there was
no such thing as waiver or estoppel.
General Butler then resumed again:
Unreasonable searches and seizures
Why, your honors," he exclaimed,
"they searched under a burglary,
headed by the States attorney, on his
own admission. No miserable police
man or wild constable, but the States
prosecutor, does the burglary, steals
the papers and says you can't help
that; he pnts it with sort of triumph,
and yet we are told our immunities
and privileges are not invaded, and our
remedy is to sue for trespass. Whist
beautiful remedy! Sue the State at
torney and be tried by such jury as
the law OF Illinois would give. Better
in place not to be named for comfort.
General Butler again argued that the
prisoners had been sentenced to death
In their absence, and IN conclusion
said: IF mems lives can be taken in
this way, as you have seen exhibited
here to-day, better anarchy, be ter be
without law than with any such law.
General Bntler thanked the Court
for its indulgences, and took his seat.
j. The Chief Justice called the next case
on the docket, and the hearing of his
motion Of the Anarchists for writ of
error was over.
It seems to be the general impression
among those who have paid closest at
tention to the proceedings, that the
counsel for the State had altogether the
best o. the argument and that writ Of
error will not be granted.